My father bought a piece of land.my father died 25 years back and my mother died 8 years back.we are 4 brothers & 3 sisters in all(Total 7).
But before dying they didn't make the will and have not divided there land (property) between seven (7) of us.
My father and the Elder most brother built the house on that land.But that land was of my father.now I and one brother doesnt live there because of our job,and the eldermost and one brother live in that house.
At present the smallest brother lives in ground floor and my eldest brother lives in first floor.i and my another brother has not got anything yet.
my elder brother is not saying anything,now his age is around 70 yrs.My 3 (three)sisters are well settled so they are not very interested in this.one thing more my father died very early so my elder brother done the marriege of all the 3(three) sisters and 2 brothers.
so he also says that he has done many thing for the family so he will not give anything. But according to the Law all are equal and equal partners of that property.
Before dying my mother said me several times that your eldest brother will take this home from you by hook or crook. now when i asked him about the house he said to make 2nd floor and start living in it and he also told me that this house's ground floor and 1st floor is made by him and by my father together. but as per the structure is considered my father told me 20 years back that only ground and 1st floor can be made on this land.and if now i want to live in that house according to my elder brother i have to make 2nd floor on pillers which will cost me very high amount/cost.
i really dont know what to do...kindly guide me ..you can guide me in a better way..please tell me what court says in these type of cases.
please advise what best can be dont in his case.